Lansford man sent to state prison for sexual assault, drugs and other counts

A Lansford man was sentenced to a state prison term on Friday on sexual assault, a drug count and simple assault charges.

Malcolm Steven Harris, 32, was sentenced by Judge Joseph J. Matika to serve a total of 42 to 84 months in a state correction institution on charges of statutory sexual assault of a person under the age of 16, possession with intent to deliver a controlled substance and two counts of simple assault. Harris previously pleaded to the sexual assault count.

On Friday, before his sentencing, he entered guilty pleas to the drug charge and the simple assault counts.

The drug arrest occurred on April 20, 2016, by Lansford police when Harris was picked up on a warrant and found in possession of cocaine and heroin.

The two simple assaults occurred at the county prison in Nesquehoning where Harris admitted assaulting two other inmates at the prison.

One assault occurred on July 12, 2015, and the second on Dec. 30, 2017.

Harris told Matika he thought the victim in the sexual assault case, who was 14 at the time, was of age and that the sex was consensual.

However, he admitted the girl was underage, according to state law. He also claimed he was heavily using drugs and alcohol at the time. He then added, “I want to say I’m sorry to the victim for the decisions I’ve made.”

He also said he wanted to go to the state prison to get the help he needs.

Matika said Harris created a serious criminal record over the years, calling him a “career criminal.” Matika said,

“Your actions have hurt a lot of people. He added, “Your actions will stay with the victim the rest of her life.”

Arrest made

Police took Harris into custody in 2016, a day before he was allegedly going to leave for New York City.

The 14-year-old victim told police she was home alone and in the shower when she heard someone come into the house, climb the stairs and enter the bathroom.

Harris, she said, took off his clothes before getting into the shower and raping her.

After the assault, Harris dressed, warned the victim not to say anything, and went into the kitchen, where he put his used condom in the trash.

The next day after school she told her parents of the assault. The parents then called police.

Harris was arrested in June 2016. The case has lingered in the system since then with at least 21 continues filed in the matter. He was originally charged with nine criminal counts, all felonies. In exchange for the plea to statutory sexual assault, the district attorney’s office dropped counts of aggravated indecent assault, indecent assault, corruption of minors, unlawful restraint and burglary.

The pretrial conferences were continued several times, moving the case into 2017. It was scheduled for trial several times, then continued each time, which moved it into 2018. All this time Harris remained an inmate in the county prison. The case was continued again when public defender Matthew J. Mottola withdrew his representation of Harris due to a conflict with the defendant. The court then appointed attorney Arley L. Kemmerer to represent Harris.

Harris then pleaded guilty in September 2018, but in January he filed a motion to withdraw his plea, further delaying a resolution to the matter. That motion was withdrawn and the case reset for sentencing. Several sentencing dates were then continued, and finally on Friday sentencing was held.

Harris was determined to be a violent sexual predator by the state sexual offenders assessment board, but Matika said he would not consider that finding for sentencing purposes.

In addition to the prison term, Harris was ordered to get both drug and alcohol and mental health evaluations, submit to a sexual offenders evaluation, have no unsupervised contact with anyone under 18, supply a DNA sample, pay court costs of about $1,000, and register for life as a sexual offender as he pleaded to a tier 3 offense.

He was given credit for 1,312 days spent in prison to date on the charges meaning he has spent almost three and a half years in prison. He will now be transferred to a state facility.